Tag: Appeals

By Jacob KaufmancloseAuthor: Jacob KaufmanName: Jacob KaufmanEmail: jkaufman@devrieslitigation.comSite:https://devrieslitigation.com/about/jacob-kaufman/About: Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat.
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April 3, 2019
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What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”)…

By Jacob KaufmancloseAuthor: Jacob KaufmanName: Jacob KaufmanEmail: jkaufman@devrieslitigation.comSite:https://devrieslitigation.com/about/jacob-kaufman/About: Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat.
Email: jkaufman@devrieslitigation.comSee Authors Posts (31) •
January 2, 2019
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All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2019. As we start the new year, here are some changes estate litigators should be aware about as well as some upcoming developments. The Rules of Civil Procedure have been amended (the changes…

By Jacob KaufmancloseAuthor: Jacob KaufmanName: Jacob KaufmanEmail: jkaufman@devrieslitigation.comSite:https://devrieslitigation.com/about/jacob-kaufman/About: Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat.
Email: jkaufman@devrieslitigation.comSee Authors Posts (31) •
January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage,…